M.M.Husain, J. - (1.) This petition under Section 482, Cr. P. C. has been filed for quashing the proceedings of a case pending against the petitioners under Section 498, I. P. C. in the Court of a Special Magistrate at Lucknow. The said learned Magistrate has been impleaded as opposite party No. 2 in the present petition which was not at all necessary.
(2.) The complainant Abdul Majid, who is opposite party No. 1 is the father of one Abdul Aziz. He filed the impugned complaint in the Court of the Magistrate concerned on 19-4-1978 with the allegation that Smt. Sammo was the legally wedded wife of Abdul Aziz and was the daughter of petitioner No. l Abdul Aziz, son of Nazir, whose wife Qamar Jehan is petitioner No. 2. The other two petitioners Rafiq and Chhotey Bhaiya are the sons of petitioner No. 1. The complainant alleged that in the absence of his son the petitioners had enticed away Smt. Sammo and were concealing and detaining her for illicit purposes.
(3.) The petitioners took up a technical plea before the learned Magistrate to the effect that under Section 198 (1), Cr.P.C. (new) the person competent to file the complaint in question was complainants son Abdul Aziz and not Abdul Majid. This objection was repelled by the learned Magistrate with the objection that in the absence of his son the complainant Abdul Majid was legally competent to fie the said complaint.;